Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court for the Northern District of California, July 11, 2022 Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he served in the Navy from approximately the mid-1960s to the early 1970s caused him to contract mesothelioma. During his service, plaintiff worked as a machinist mate while stationed …
United States District Court for the Eastern District of Louisiana, July 8, 2022 In this asbestos matter, the defendant ViacomCBS Inc. (“Westinghouse”) moved for partial summary judgment as to Decedent Callen Cortez’s claims arising from alleged exposure to asbestos from Westinghouse’s turbines, arguing that the plaintiffs could not establish that Decedent was exposed to a Westinghouse …
New Jersey Supreme Court, June 30, 2022 In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division vacated the jury’s verdict for Plaintiff and remanded for a new trial. However, the New Jersey Supreme Court reversed the Appellate Division’s decision. The Supreme …
The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor Kathy Hochul’s signature. Full language of the statute is available here. If signed, the Act will expand …
Supreme Court of the State of New York, County of New York, June 29, 2022 In this asbestos action, plaintiffs filed a motion for leave to reargue a motion for summary judgement filed by defendant Strick Trailers, LLC (“Strick”), which was granted on October 13, 2021. By way of background, the plaintiff, James Martinez, alleged …
Supreme Court of New York, Suffolk County, June 6, 2022 Plaintiffs Lisa and Edward Gavin filed a lawsuit to recover damages for the injuries Lisa allegedly sustained as a result of exposure to asbestos-containing products manufactured or sold by defendants during her employment with Courter and Company from 1978 to 1980. Defendant Sterling Fluid Systems …
Superior Court of Pennsylvania, June 23, 2022 In this asbestos action, decedent John Wheeler alleged asbestos exposure from his work as a millwright at a U.S. Steel (USX) plant. Wheeler’s co-workers testified in this matter as Wheeler passed away before he could be deposed. The trial court granted USX’s motion for summary judgment and the …
U.S. District Court for the Eastern District of Louisiana, June 16, 2022 In this asbestos matter, the plaintiffs allege that James Becnel was exposed to asbestos at the Avondale Shipyards in 1965. Recently, several defendants filed summary judgment motions to dismiss the plaintiffs’ state law tort claims, including Becnel’s employer and its insurers. The defendants …
United States District Court for the Eastern District of Louisiana, June 8, 2022 In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be dismissed because they cannot provide evidentiary support that it consciously desired to afflict the decedent with primary lung cancer or knew …
Supreme Court of New York, Appellate Division, First Department, June 7, 2022 In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which denied its motion to dismiss for lack of personal jurisdiction. By way of background, George Seger, III (“Plaintiff”) allegedly developed …